Author Topic: h&f - RMV - 52M Failing to comply with a prohibition on certain types of vehicle (m) motor vehicles  (Read 65 times)

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Today I got a PCN on RMV Rivercourt Rd NthBnd adj nos 17

52M Failing to comply with a prohibition on certain types of vehicle (m) motor vehicles
(16 Apr, 2026, date of notice 1 May, 2026)

I have read some post here to say many people have problem with this part.

I need some advise to seek for appeal for this, as I not a Londoner and have no problem for it before (I know that they just change)

And the worst is I think I will get 2nd PCN for it as I may go that road again without notice a week after.

I am seek any helps on this, thank you very much.


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Welcome to FTLA!

Please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post here all sides of the PCN (only redact yr name & address - leave all else in),
The video - this is the evidence,
adna GSV link to the location.

As you have seen, this is well-known here. Have a look at these threads

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lbhf-pcn-52m-failing-to-comply-with-a-prohibition-on-certain-types-of-vehicle-m-/msg117174/#msg117174

https://www.ftla.uk/the-flame-pit/rivercourt-road-the-tmo/msg80972/#msg80972

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hammersmith-and-fulham-code-52m-failing-to-comply-with-a-prohibition-on-certain-/

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/52m-failing-to-comply-with-a-prohibition-on-certain-types-of-vehicle-rmv-riverco/

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/rivercourt-road-pcn-x2/

The last has links to other threads which are relevant.

Our member, @Bustagate has also produced a useful set of notes -
Some History Rivercourt Road was built in the late nineteenth century as a north - south residential road between King Street, Hammersmith and the Thames at Upper Mall. In 1905 the Royal Commission...
busgates.uk


AFAIK, no case has yet reached London Tribunals, with H&F folding (often at the very last moment). It's as if they are afraid of an adverse tribunal decision.


Before making any representations, post a draft here for constructive comment.

You can ask H&F if there are any other PCNs outstanding against your reg.mark.



Thank you John for the prompt reply and guideline.

This is my PCN images:
https://imgpile.com/p/q9GQpnL

I have read through this and inside it, the author have images and video captures a week ago only,
to reflect the environment:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lbhf-pcn-52m-failing-to-comply-with-a-prohibition-on-certain-types-of-vehicle-m-/msg117174/#msg117174

I borrow his post & image/video here if it help:
https://imgpile.com/p/zGXqUWY 

Or should I take a version of mind, as I can do it tomorrow for an hour drive to there.

Below is my draft and please give me some guidance on how to submit it.

Subject: Formal Representation Against PCN HZ98578383

Dear Sir/Madam,

I am writing to make a formal representation against Penalty Charge Notice HZ98578383, issued by the London Borough of Hammersmith and Fulham.

Vehicle Registration: RF75FPA
Date of Notice: 01/05/2026
Date of Alleged Contravention: 16/04/2026
Time: 09:41
Location: RMV Rivercourt Road Northbound adjacent to No. 17

I respectfully request cancellation of this PCN on the grounds that the restriction was not adequately brought to my attention and that there are compelling mitigating circumstances.

Firstly, I am not a frequent driver in London. I typically drive in London only occasionally (approximately once per week, or at times only a couple of times per month), and I am therefore not familiar with recent changes to traffic restrictions in this area.

Secondly, I have previously driven along this route without receiving any PCNs, and I was not aware that any changes had been introduced. This gave me a reasonable expectation that the route remained permissible for general traffic.

On the date in question, my journey was towards Westfield Shepherd’s Bush. The route taken was not fixed and was determined by prevailing road traffic conditions. This road formed part of a reasonable route choice, and I did not anticipate encountering a restricted access point at this location.

In addition, I do not regularly use this specific road due to traffic conditions, and therefore had no reason to expect a newly introduced restriction.

At the time of the alleged contravention, the road was busy and required my full attention. I did not observe any clear or prominent signage indicating a restriction on motor vehicles. Based on my experience, the signage was not sufficiently visible or obvious to alert a driver under normal driving conditions, particularly when making route decisions in live traffic.

Furthermore, I believe I may have passed through the same location again after 16 April 2026 without being aware of any restriction. I only became aware of the issue upon receiving this PCN on 2 May 2026. This suggests that the restriction is not clearly communicated to motorists.

Given the above, I respectfully submit that the signage and road layout did not provide adequate warning of the restriction, and therefore the contravention was not intentional.

In light of these circumstances, I kindly request:

1. Cancellation of this PCN; and
2. Discretionary cancellation of any additional PCNs issued for the same location prior to my awareness of the restriction.

I would also request that you review the adequacy and visibility of the signage at this location to ensure that it provides clear and sufficient warning to drivers.

Thank you for your consideration. I look forward to your response.


 

Today I have go out at the similar time, even Today is a bit cloudy, the daylight condition is very similar to day it happen.

https://imgpile.com/p/Oo89WnR

I can confirmed that there is no turning point and it's not possible to go back to A4 legally & safely.

From the video, I can only see one temporary sign still standing at the very end before the turn.
No further road mark and things to give enough time and info for driver to aware.

It doesn't seems have significant changes compare to some other driver report here.

Thanks very much for any help and advice again.

@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

Thank you so much for further info related to the PCN itself,
and I appreciate your help, please give some advice on updated draft:

Subject: Formal Representation Against PCN HZ98578383

Dear Sir/Madam,

I am writing to make formal representations against Penalty Charge Notice HZ98578383, issued by the London Borough of Hammersmith and Fulham.

Vehicle Registration: RF75FPA
Date of Notice: 01/05/2026
Date of Alleged Contravention: 16/04/2026
Time: 09:41
Location: RMV Rivercourt Road Northbound adjacent to No. 17

I respectfully request cancellation of this PCN on the following grounds:

1. Inadequate signage and lack of fair opportunity to comply

I am not a frequent driver in London and only drive occasionally. I have previously used this route without issue and was not aware of any recent changes to restrictions.

On the date in question, my journey was towards Westfield Shepherd’s Bush. The route taken was not fixed and was determined by prevailing road traffic conditions. This road formed part of a reasonable route choice, and I did not anticipate encountering a restricted access point at this location.

At the time, the road was busy and required full attention. I did not observe any clear or prominent signage indicating a restriction on motor vehicles. The signage was not sufficiently visible or obvious to alert a driver under normal driving conditions.

2. No safe or lawful opportunity to avoid the restriction

After receiving this PCN, I revisited the location on 3 May 2026 at a similar time of day. The daylight conditions were comparable to those at the time of the alleged contravention.

From this revisit, I can confirm that:

* There is no advance buffer zone or adequate warning prior to the restriction; and
* There is no safe or legal opportunity to turn around or return to the A4 once committed to the road.

This demonstrates that a driver is effectively committed before being properly informed of the restriction, which is inherently unfair and does not provide a reasonable opportunity to comply.

Supporting images:
https://imgpile.com/p/Oo89WnR

3. Lack of awareness due to delayed notification

I believe I may have passed through the same location again after 16 April 2026 without being aware of any restriction. I only became aware of the issue upon receiving this PCN on 2 May 2026.

This indicates that the restriction is not clearly communicated to motorists and further supports the inadequacy of signage.

4. The PCN is invalid due to non-compliance with statutory requirements

The PCN fails to comply with the mandatory requirements set out in Paragraph 4(8) of the London Local Authorities and Transport for London Act 2003.

Paragraph 4(8)(v) requires that a PCN must state:

that, if the penalty charge is not paid before the end of the 28-day period, an increased charge may be payable.

This clearly refers to Paragraph 4(8)(iii), which defines the 28-day period as:

the period of 28 days beginning with the date of the notice.

However, the PCN instead states:

“If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240 may be payable.”

This wording is defective for the following reasons:

* It fails to correctly reference the statutory 28-day period beginning with the date of the notice, as required;
* It introduces a different period (“date of service”), creating inconsistency and ambiguity;
* The use of the word “or” conflates payment and representations, which may reasonably be interpreted as conjunctive, further adding to confusion;
* Even if interpreted disjunctively, the omission of the correct statutory wording results in a lack of clarity regarding the applicable deadline.

Accordingly, the PCN does not properly convey the required information and is therefore non-compliant and unenforceable.

Conclusion

For the reasons outlined above:

* The restriction was not adequately signed or conveyed;
* The road layout provides no reasonable opportunity to avoid the restriction;
* The PCN itself is non-compliant with statutory requirements.

I therefore respectfully request that this PCN be cancelled.

In addition, I request that any further PCNs issued for the same location prior to my awareness of the restriction be cancelled as a matter of fairness and discretion.

I look forward to your response and trust that the points raised will be given due consideration.

Yours faithfully,
[Your Name]
[Your Address]
« Last Edit: Today at 10:26:28 am by bbp7788 »